The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) has written to the Inspector General of Police demanding immediate withdrawal of police personnel attached to unlawfully constituted local government caretaker committees in several states.
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In a letter dated January 9th, the NBA-SPIDEL chairman John Aikpokpo-Martins argued that providing security to caretaker officials appointed by state governors against court judgments is aiding their illegality.
Citing Supreme Court and Appeal Court verdicts, the lawyers’ body said only democratically elected persons can administer local councils as enshrined in Section 7 of the 1999 Constitution.
The NBA-SPIDEL issued a 14-day ultimatum for the IGP to revoke the police details to the illegal caretaker chairmen and councillors in Benue, Ondo, Plateau, Osun and other affected states.
Failure to do so will result in a law suit against the police for disregarding binding court judgments and enabling violations of the constitution by state chief executives.
The body urged the IGP and Nigeria Police to stand for rule of law and the constitution by ending security cover for the unconstitutional caretaker committees.
9/1/2024
The Inspector General of Police,
Nigeria Police Force,
Force Headquarters,
Louis Edet House,
Garki Area 11,
Abuja.
Dear Sir,
PROVISION OF POLICE SECURITY/PROTECTION FOR LOCAL GOVERNMENT CARETAKER OFFICIALS APPOINTED IN WANTON VIOLATION OF THE 1999 CONSTITUTION AND DISREGARD TO SEVERAL PRONOUNCEMENTS OF THE SUPERIOR COURTS OF NIGERIA: A DEMAND FOR IMMEDIATE WITHDRAWAL OF POLICE PERSONNEL ATTACHED TO ILLEGALLY APPOINTED LOCAL GOVERNMENT CARETAKER OFFICIALS AND PRE-ACTION NOTICE.
The Nigerian Bar Association Section on Public Interest and Development Law (NBA-SPIDEL) is one of the three sections of the Nigerian Bar Association. The mandate of the section, as its name suggests, is to intervene in matters which affect the interest of the Nigerian public by, among others, ensuring that the actions of government and it’s agencies confirm with the rule of law.
It is an issue of elementary knowledge that Nigeria is a federalist state and the local government system in Nigeria is a separate and independent tier of government designed by the Constitution to guarantee closeness of governance to the people. Given the importance attached to this tier of government, Section 7 of the 1999 Constitution of the Federal Republic of Nigeria (as amended) guarantees a democratically elected local government system under a law of the State House of Assembly. In interpreting this provision, the Superior Courts have, in a plethora of decisions held that the appointment by State Governors of caretaker committees to replace democratically elected local government officials is contrary to the provisions of Section 7(1) of the Constitution and consequently illegal.
Despite the clear, unambiguous and numerous pronouncements of the Superior Courts on this matter, the practice of Governors dissolving democratically elected local government councils and replacing them with cronies in the guise of caretaker Committees has continued unabated with impunity.
As you would certainly be aware, Benue, Ondo, Plateau, Osun and other States are currently operating these illegal, unlawful and unconstitutional structures termed Caretaker Committees despite the clear and definite decisions of the superior courts in the land (including the Supreme Court) which have, without equivocation, settled the point that the only persons who can lawfully superintend over the affairs of local governments are persons democratically elected to such positions.
The Court of Appeal and indeed the Supreme Court of the Federal Republic of Nigeria have taken decisive positions on this issue.
In Akpan V Umah (2002) LPELR – 7099 the Court of Appeal held that appointment of local government caretaker committee in replacement of democratically elected local government councils chairmen is unconstitutional. The recent judgment of the Supreme Court in Gov. of Ekiti State V. Olubunmo (2017) 3 NWLR (pt 1552) 1 is also to the effect that section 7 of the Constitution does not permit the appointment and operation caretaker committees in local governments.
Sir, kindly permit us to remind your good self and office that by the provisions of Section 287(1) (2) and (3) of the Constitution of the Federal Republic of Nigeria 1999 (As Amended), the decision of the Supreme Court of Nigeria and all courts subordinate to it is binding on and must be enforced by all authorities and persons in Nigeria. Hence, all authorities in the Federal Republic of Nigeria (including your good self and office) have a constitutional duty, obligation and/or responsibility to comply with judgments of all courts in Nigeria.
However, despite this constitutional prescription and the consistent and numerous decisions of the Courts which your esteemed office is deemed to have constructive notice of, these judgments being judgment in rem; the practice over the years has been, regrettably, that your esteemed office, despite the clear direction of the apex court on this matter, has been found to have been tacitly supporting the illegality and brazen violation of the Constitution perpetrated by the State Governors through your office’s approval of requests for postings of police personnel to provide protection/security for these illegal appointees.
It is unarguable that the deliberate and unchecked disregard to the Constitution by the State Governors who have persisted in the illegality of perceiving and treating the local governments as the appendages of their offices has been festered by the recognition your office accords the beneficiaries of these illegal appointments through the provision of police recognition and protection.
As the head of Nigeria’s principal law enforcement institution, we make bold to say that your good office must at all times be and
be seen to promote the rule of law and not to aide, abet or do anything to disregard the Constitution and the rule of law.
Prayers
Considering the clear and unambiguous provisions of the Constitution and the numerous pronouncements of the Supreme Court and the Court of Appeal on the imperative to ensure that local governments are administered only by persons elected through the democratic process, which decisions your office is bound to enforce by virtue of section 287(1), (2) and (3) of the 1999 Constitution, we hereby demand your good self and esteemed office to forthwith withdraw all police orderlies/personnel attached to the illegally constituted, undemocratic, unlawful and unconstitutional Local Government Caretaker Committee Chairmen, Vice Chairmen and Councillors currently operating illegally in Benue, Ondo, Plateau, Osun and such other States.
NBA-SPIDEL hereby issues your good self and esteemed office a 14 days PRE-ACTION notice to withdraw these police orderlies/personnel attached to the illegally constituted local government caretaker committee Chairmen, Vice Chairmen and Councillors in the affected States failing which we shall, upon the expiration of the notice, approach the appropriate court to set aside the illegal recognition being accorded to these usurpers by your esteemed office.
Thank you, as we look forward to your esteemed office standing for the Constitution and the Rule of Law.
John Aikpokpo-Martins
(Chairman).
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